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Sugarloaf Mills Ltd. Partnership of Ga. V. Record Town Inc.

The tenant, as the prevailing party, was entitled to attorneys' fees pursuant to the contractual provisions of the parties' lease.

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On remand from a prior appeal of this case, the trial court addressed the defendant’s counterclaim for attorney fees and awarded approximately $70,000 to defendant. The plaintiff appeals, contending that the trial court erred in conducting an evidentiary hearing on the attorney fees, and in awarding attorney fees based on a contractual provision and based on OCGA § 13-6-11. Discerning no harmful error, we affirm. The landlord of Discover Mills Mall Sugarloaf Mills Limited Partnership of Georgia filed a dispossessory action against a tenant Record Town, Inc. on the ground of nonpayment of rent in that the tenant, who had made monthly rental payments, nevertheless had failed to pay its portion of certain utility charge as required by the lease. The tenant answered, claiming that the lease was amended to exclude its obligation to pay for utilities. Id. at 11-13. The tenant also counterclaimed to recover utility payments it had mistakenly paid since the amendment and to recover attorney fees under OCGA § 13-6-11. Following a bench trial, the court found in favor of the landlord, awarding it more than $33,000 and issuing a writ of possession.

On appeal, we reversed, holding that the lease as amended relieved the tenant from paying the utility charges. Record Town, Inc. v. Sugarloaf Mills &c. 1 In addition to reversing the judgment and the writ of possession, we directed the trial court “to address the claims presented in tenant’s counterclaim.” Id. at 371 4.

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